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My Struggle for Khula: Abandoned by Husband and Fighting for My Rights

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I got married in the year 2006 and have two children. My husband got involved with some lady so my husband neglected me a lot. I got pregnant but he didn’t care. He gave me a lot of tension so I had a miscarage. When I came to know about his affair I got hurt and started fighting with him but I accepted his new love with that lady but I told him that you stay happy and keep her away from my children but he kept on beating me and abusing me so that I may leave the home. I left home more than a year ago and within this separation time period he didn’t keep any relationship with me nor did he divorce me. He didn’t give any maintaince for the kids. He used to send 5000 in my Account for kids but 5000 is not enough for kids education and other expense so I took khula from him in September but he refused to give divorce as he has sold my 3 gold sets and he has not paid my huq maher so these are the reasons he didn’t divorced me nor he accepted me as a wife but on khula he agreed. Now tell me is my khula done or not and what is my idaat time?

Bismillaah

A: If he accepted the khula then the nikaah has ended.

It is three monthly cycles.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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